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EXECUTIVE ORDER NO. _____
TO ESTABLISH THE HEAVY DUTY DIESEL RULE EFFECTIVE DATE
WHEREAS, North Carolina has participated in a multi-state initiative to prevent excess emissions from heavy-duty diesel engines; and
WHEREAS, on October 11, 2001, the Environmental Management Commission adopted Heavy Duty Diesel Engine Requirements at 15A NCAC 2D .1008, and on November 15, 2001, the permanent rule was approved by the Rules Review Commission; and
WHEREAS, the rule serves to fill a two-year gap in federal requirements for the use of supplemental test procedures for certification of heavy-duty diesel engines with emission standards at the manufacturing stage; and
WHEREAS, without the gap-filling rule, excess NOx emissions would be produced over the life of any engines produced during the gap model years – 2005 and 2006, contributing unnecessarily to North Carolina’s challenging ozone problems; and
WHEREAS, the standard effective date of the permanent rule under the Administrative Procedures Act, N.C.G.S. 150B-1 et seq, would be July 1, 2002, at the earliest; and
WHEREAS, for the rule to apply to any particular model year, it must be effective two years prior to the commencement of that model year, the standard effective date would not allow

EXECUTIVE ORDER NO. _____
TO ESTABLISH THE HEAVY DUTY DIESEL RULE EFFECTIVE DATE
WHEREAS, North Carolina has participated in a multi-state initiative to prevent excess emissions from heavy-duty diesel engines; and
WHEREAS, on October 11, 2001, the Environmental Management Commission adopted Heavy Duty Diesel Engine Requirements at 15A NCAC 2D .1008, and on November 15, 2001, the permanent rule was approved by the Rules Review Commission; and
WHEREAS, the rule serves to fill a two-year gap in federal requirements for the use of supplemental test procedures for certification of heavy-duty diesel engines with emission standards at the manufacturing stage; and
WHEREAS, without the gap-filling rule, excess NOx emissions would be produced over the life of any engines produced during the gap model years – 2005 and 2006, contributing unnecessarily to North Carolina’s challenging ozone problems; and
WHEREAS, the standard effective date of the permanent rule under the Administrative Procedures Act, N.C.G.S. 150B-1 et seq, would be July 1, 2002, at the earliest; and
WHEREAS, for the rule to apply to any particular model year, it must be effective two years prior to the commencement of that model year, the standard effective date would not allow